Notice of Docketing, Proposed Action, and Opportunity for a Hearing for Renewal of Special Nuclear Material License No. SMN-2504, 30074-30077 [2010-12764]

Download as PDF 30074 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices the subject firm since: (1) The subject firm has not imported the products like and directly competitive with those it formerly produced—the products are being manufactured in an offshore location and, rather than being imported into this country, are being consumed outside of the United States; and (2) the customer itself and not the subject firm has shifted production to an offshore location. The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC this 14th day of May 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–12897 Filed 5–27–10; 8:45 am] BILLING CODE 4519–FN–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (10–061)] NASA Advisory Council; Science Committee; Heliophysics Subcommittee; Meeting jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: National Aeronautics and Space Administration. ACTION: Notice of meeting. SUMMARY: The National Aeronautics and Space Administration (NASA) announces a meeting of the Heliophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning. VerDate Mar<15>2010 17:43 May 27, 2010 Jkt 220001 DATES: Wednesday, June 30, 2010, 9 a.m. to 5:30 p.m.; and Thursday, July 1, 2010, 9 a.m. to 3 p.m. EDT. NASA Headquarters, 300 E Street, SW., Room 3H46, Washington, DC 20546. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358–4452, fax (202) 358–4118, or mnorris@nasa.gov. The meeting will be open to the public up to the capacity of the room. The agenda for the meeting includes the following topics: SUPPLEMENTARY INFORMATION: —Heliophysics Division Overview and Program Status —Senior Review of Operating Missions —Research and Analysis Program —Assessment of Heliophysics Division Science Accomplishments It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving an access badge. Foreign nationals attending this meeting will be required to provide a copy of their passport, visa, or green card in addition to providing the following information no less than 10 working days prior to the meeting: full name; gender; date/ place of birth; citizenship; visa/green card information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee. To expedite admittance, attendees with U.S. citizenship can provide identifying information 3 working days in advance by contacting Marian Norris via e-mail at mnorris@nasa.gov or by telephone at (202) 358–4452. Dated: May 24, 2010. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2010–12813 Filed 5–27–10; 8:45 am] BILLING CODE P PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [Docket No. 72–9; NRC–2010–0188] Notice of Docketing, Proposed Action, and Opportunity for a Hearing for Renewal of Special Nuclear Material License No. SMN–2504 AGENCY: Nuclear Regulatory Commission. ACTION: Notice. DATES: A request for hearing and/or petition for leave to intervene must be filed no later than 60 days from May 28, 2010. FOR FURTHER INFORMATION CONTACT: Christopher M. Staab, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Telephone: (301) 492–3321; fax number: (301) 492–3348; e-mail: christopher.staab@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering an application dated November 10, 2009, from the Department of Energy (applicant or DOE) for the renewal of its Special Nuclear Material License No. SNM– 2504, under the provisions of 10 CFR Part 72, for the receipt, possession, storage and transfer of spent fuel, reactor-related Greater than Class C (GTCC) waste and other radioactive materials associated with spent fuel storage at the Fort St. Vrain Independent Spent Fuel Storage Installation (ISFSI), located at the Fort St. Vrain site in Platteville, Colorado. If granted, the renewed license will authorize the applicant to continue to store spent fuel in a dry cask storage system at the applicant’s Fort St. Vrain ISFSI. Pursuant to the provisions of 10 CFR 72.42, the renewal term of the license for the ISFSI would be twenty (20) years. This application was docketed under 10 CFR Part 72; the ISFSI Docket No. is 72–9. An NRC acknowledgment review, documented in an electronic mail to DOE dated December 22, 2009, found that the application contains sufficient information for the NRC staff to begin its technical review. The Commission will approve the license renewal application if it determines that the application meets the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the E:\FR\FM\28MYN1.SGM 28MYN1 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Commission’s regulations, including the findings required by 10 CFR 72.40. These findings will be documented in a Safety Evaluation Report. The NRC will complete an environmental evaluation, in accordance with 10 CFR Part 51, to determine if the preparation of an environmental impact statement is warranted or if an environmental assessment and finding of no significant impact are appropriate. This action will be the subject of a subsequent notice in the Federal Register. II Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for the renewal of Special Nuclear Material License No. SNM–2504 issued to DOE for its ISFSI located at the Fort St. Vrain site in Platteville, Colorado. Any person whose interest may be affected by this proceeding, and who desires to participate as a party, must file a request for a hearing and a specification of the contentions which the person seeks to have litigated in the hearing, in accordance with the NRC E– Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E–Filing rule (72 FR 49139, August 28, 2007). The E– Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E–Filing, at least ten (10) days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E–Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC- VerDate Mar<15>2010 17:43 May 27, 2010 Jkt 220001 issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at https:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the E– Submittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at https://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through EIE, users will be required to install a Web browser plugin from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at https://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 30075 their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at https:// www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such E:\FR\FM\28MYN1.SGM 28MYN1 jlentini on DSKJ8SOYB1PROD with NOTICES 30076 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Petitions for leave to intervene must be filed no later than 60 days from May 28, 2010. Non-timely filings will not be entertained absent a determination by the presiding officer that the petition or request should be granted or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). In addition to meeting other applicable requirements of 10 CFR 2.309, the general requirements involving a request for a hearing filed by a person other than an applicant must state: 1. The name, address, and telephone number of the requestor; 2. The nature of the requestor’s right under the Act to be made a party to the proceeding; 3. The nature and extent of the requestor’s property, financial or other interest in the proceeding; 4. The possible effect of any decision or order that may be issued in the proceeding on the requestor’s interest; and 5. The circumstances establishing that the request for a hearing is timely in accordance with 10 CFR 2.309(b). In accordance with 10 CFR 2.309(f)(1), a request for hearing or petitions for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must: 1. Provide a specific statement of the issue of law or fact to be raised or controverted; 2. Provide a brief explanation of the basis for the contention; 3. Demonstrate that the issue raised in the contention is within the scope of the proceeding; 4. Demonstrate that the issue raised in the contention is material to the findings that the NRC must make to support the action that is involved in the proceeding; 5. Provide a concise statement of the alleged facts or expert opinions which support the requestor’s or petitioner’s position on the issue and on which the requestor or petitioner intends to rely to support its position on the issue; and 6. Provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant’s VerDate Mar<15>2010 17:43 May 27, 2010 Jkt 220001 environmental report and safety report) that the requestor or petitioner disputes and the supporting reasons for each dispute or, if the requestor or petitioner believes the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the requestor’s or petitioner’s belief. In addition, in accordance with 10 CFR 2.309(f)(2), contentions must be based on documents or other information available at the time the request or petition is to be filed, such as the application, supporting safety analysis report, environmental report or other supporting document filed by the applicant, or otherwise available to the requestor or petitioner. On issues arising under the National Environmental Policy Act, the requestor or petitioner shall file contentions based on the applicant’s environmental report. The requestor or petitioner may amend those contentions or file new contentions if there are data or conclusions in the NRC draft or final environmental impact statement or if appropriate, the environmental assessment and associated draft or final finding of no significant impact, or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant’s documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns issues relating to matters discussed or referenced in the Safety Evaluation Report for the proposed action. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the proposed action. 3. Emergency Planning—primarily concerns issues relating to matters discussed or referenced in the Emergency Plan as it relates to the proposed action. 4. Physical Security—primarily concerns issues relating to matters discussed or referenced in the Physical Security Plan as it relates to the proposed action. 5. Miscellaneous—does not fall into one of the categories outlined above. If the requestor or petitioner believes a contention raises issues that cannot be classified as primarily falling into one of these categories, the requestor or petitioner must set forth the contention and supporting bases, in full, separately for each category into which the requestor or petitioner asserts the PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 contention belongs with a separate designation for that category. Requestors or petitioners should, when possible, consult with each other in preparing contentions and combine similar subject matter concerns into a joint contention, for which one of the co-sponsoring requestors or petitioners is designated the lead representative. Further, in accordance with 10 CFR 2.309(f)(3), any requestor or petitioner that wishes to adopt a contention proposed by another requestor or petitioner must do so, in accordance with the E-Filing rule, within ten days of the date the contention is filed, and designate a representative who shall have the authority to act for the requestor or petitioner. In accordance with 10 CFR 2.309(g), a request for hearing or a petition for leave to intervene may also address the selection of hearing procedures, taking into account the provisions of 10 CFR 2.310. III. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession numbers for the documents related to this notice are: License Renewal Application dated November 10, 2009 (ML093230788) and the acknowledgement review electronic mail dated December 22, 2008 (ML093561315). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301–415–4737 or by e-mail to pdr.resource@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O–1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 13th day of May, 2010. E:\FR\FM\28MYN1.SGM 28MYN1 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices For the Nuclear Regulatory Commission. Chris Staab, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2010–12764 Filed 5–27–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on ESBWR jlentini on DSKJ8SOYB1PROD with NOTICES The ACRS Subcommittee on Economic Simplified Boiling Water Reactor (ESBWR) will hold a meeting on June 22, 2010, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed to protect information that is proprietary to General Electric—Hitachi Nuclear Americas, LLC (GEH) and its contractors pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: Tuesday, June 22, 2010—8:30 a.m. until 6 p.m. The Subcommittee will discuss Chapters 5, 8, 11, 13, 17, 19, and 22 of the Final Safety Evaluation Report (FSER) associated with the ESBWR design certification. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, General Electric, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Christopher Brown (Telephone 301–415–7111 or Email Christopher.Brown@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting VerDate Mar<15>2010 17:43 May 27, 2010 Jkt 220001 that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 14, 2009, (74 FR 58268–58269). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the website cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. Dated: May 21, 2010. Cayetano Santos, Chief, Reactor Safety Branch A, Advisory Committee on Reactor Safeguards. [FR Doc. 2010–12900 Filed 5–27–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee On Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee On Digital I&C Systems The ACRS Subcommittee on Digital Instrumentation and Control (DI&C) Systems will hold a meeting on June 23, 2010, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Wednesday, June 23, 2010—8:30 a.m. until 12:30 p.m. The Subcommittee will review the current NRC efforts in the area of Digital Instrumentation and Control (DI&C) Probabilistic Risk Assessment (PRA). Topics will include the results from the Brookhaven National Laboratory’s (BNL) evaluation of quantitative software reliability methods (QSRMs), NUREG/ CR—6997, ‘‘Modeling a Digital Feedwater Control System Using Traditional Probabilistic Risk Assessment Methods,’’ and the outcome from the PRA software workshop held in May 2008. The Subcommittee will hear presentations by and hold discussions with NRC staff and other interested persons regarding this matter. PO 00000 Frm 00111 Fmt 4703 Sfmt 9990 30077 The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Mrs. Christina Antonescu (Telephone 301–415–6792 or E-mail Christina.Antonescu@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 14, 2009, (74 FR 58268– 58269). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the website cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. Dated: May 20, 2010. Antonio Dias, Chief, Reactor Safety Branch B, Advisory Committee on Reactor Safeguards. [FR Doc. 2010–12904 Filed 5–27–10; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 30074-30077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12764]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-9; NRC-2010-0188]


Notice of Docketing, Proposed Action, and Opportunity for a 
Hearing for Renewal of Special Nuclear Material License No. SMN-2504

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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DATES: A request for hearing and/or petition for leave to intervene 
must be filed no later than 60 days from May 28, 2010.

FOR FURTHER INFORMATION CONTACT: Christopher M. Staab, Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 492-
3321; fax number: (301) 492-3348; e-mail: christopher.staab@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering an application dated November 10, 2009, from the Department 
of Energy (applicant or DOE) for the renewal of its Special Nuclear 
Material License No. SNM-2504, under the provisions of 10 CFR Part 72, 
for the receipt, possession, storage and transfer of spent fuel, 
reactor-related Greater than Class C (GTCC) waste and other radioactive 
materials associated with spent fuel storage at the Fort St. Vrain 
Independent Spent Fuel Storage Installation (ISFSI), located at the 
Fort St. Vrain site in Platteville, Colorado. If granted, the renewed 
license will authorize the applicant to continue to store spent fuel in 
a dry cask storage system at the applicant's Fort St. Vrain ISFSI. 
Pursuant to the provisions of 10 CFR 72.42, the renewal term of the 
license for the ISFSI would be twenty (20) years. This application was 
docketed under 10 CFR Part 72; the ISFSI Docket No. is 72-9.
    An NRC acknowledgment review, documented in an electronic mail to 
DOE dated December 22, 2009, found that the application contains 
sufficient information for the NRC staff to begin its technical review. 
The Commission will approve the license renewal application if it 
determines that the application meets the standards and requirements of 
the Atomic Energy Act of 1954, as amended (the Act) and the

[[Page 30075]]

Commission's regulations, including the findings required by 10 CFR 
72.40. These findings will be documented in a Safety Evaluation Report. 
The NRC will complete an environmental evaluation, in accordance with 
10 CFR Part 51, to determine if the preparation of an environmental 
impact statement is warranted or if an environmental assessment and 
finding of no significant impact are appropriate. This action will be 
the subject of a subsequent notice in the Federal Register.

II Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for the renewal of Special Nuclear Material License No. 
SNM-2504 issued to DOE for its ISFSI located at the Fort St. Vrain site 
in Platteville, Colorado. Any person whose interest may be affected by 
this proceeding, and who desires to participate as a party, must file a 
request for a hearing and a specification of the contentions which the 
person seeks to have litigated in the hearing, in accordance with the 
NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 
49139).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
hearing.docket@nrc.gov, or by telephone at (301) 415-1677, to request 
(1) a digital ID certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
https://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such

[[Page 30076]]

information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from May 28, 2010. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    In addition to meeting other applicable requirements of 10 CFR 
2.309, the general requirements involving a request for a hearing filed 
by a person other than an applicant must state:
    1. The name, address, and telephone number of the requestor;
    2. The nature of the requestor's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requestor's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requestor's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requestor's or petitioner's position on the 
issue and on which the requestor or petitioner intends to rely to 
support its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the 
application (including the applicant's environmental report and safety 
report) that the requestor or petitioner disputes and the supporting 
reasons for each dispute or, if the requestor or petitioner believes 
the application fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's or petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the request or petition is to be filed, such as the application, 
supporting safety analysis report, environmental report or other 
supporting document filed by the applicant, or otherwise available to 
the requestor or petitioner. On issues arising under the National 
Environmental Policy Act, the requestor or petitioner shall file 
contentions based on the applicant's environmental report. The 
requestor or petitioner may amend those contentions or file new 
contentions if there are data or conclusions in the NRC draft or final 
environmental impact statement or if appropriate, the environmental 
assessment and associated draft or final finding of no significant 
impact, or any supplements relating thereto, that differ significantly 
from the data or conclusions in the applicant's documents. Otherwise, 
contentions may be amended or new contentions filed after the initial 
filing only with leave of the presiding officer.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
action.
    3. Emergency Planning--primarily concerns issues relating to 
matters discussed or referenced in the Emergency Plan as it relates to 
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters 
discussed or referenced in the Physical Security Plan as it relates to 
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined 
above. If the requestor or petitioner believes a contention raises 
issues that cannot be classified as primarily falling into one of these 
categories, the requestor or petitioner must set forth the contention 
and supporting bases, in full, separately for each category into which 
the requestor or petitioner asserts the contention belongs with a 
separate designation for that category.
    Requestors or petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requestors or petitioners is designated the lead representative. 
Further, in accordance with 10 CFR 2.309(f)(3), any requestor or 
petitioner that wishes to adopt a contention proposed by another 
requestor or petitioner must do so, in accordance with the E-Filing 
rule, within ten days of the date the contention is filed, and 
designate a representative who shall have the authority to act for the 
requestor or petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing or a 
petition for leave to intervene may also address the selection of 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are: License Renewal Application 
dated November 10, 2009 (ML093230788) and the acknowledgement review 
electronic mail dated December 22, 2008 (ML093561315). If you do not 
have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
pdr.resource@nrc.gov.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O-1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 13th day of May, 2010.


[[Page 30077]]


    For the Nuclear Regulatory Commission.
Chris Staab,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-12764 Filed 5-27-10; 8:45 am]
BILLING CODE 7590-01-P
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